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Home My WebLink AboutOrdinance 02- 1561 Interim zoning ordinance for Wholesale or retail stores over 50,000 sq. ft. --.- - -. -...-.-- ORDINANCE NO. 1561 AN URGENCY INTERIM ZONING ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, AMENDING THE ZONE CODE TO PROHIBIT USES OF WHOLESALE OR RETAIL STRUCTURES THAT ARE EQUAL TO OR GREATER THAN 50,000 GROSS SQUARE FEET. Preamble This ordinance is to protect the public peace, property, health and safety through the adoption, as an urgency measure, an ordinance prohibiting uses of wholesale and retail structures that are equal to or greater than 50,000 gross square feet. The amendment of the zoning ordinance is necessary to prohibit uses which may be In conflict with contemplated zoning proposals which the City Commission is studying. WHEREAS, on the 17th day of April 2000, the City Commission adopted Ordinance No. 1513, adopting the permanent zone code; and WHEREAS, members of the Commission have expressed concerns about the adverse effects of wholesale and retail "big box" stores on the community; and WHEREAS, the City Commission wishes to more fully explore the desirability of various options for regulating use and creation of wholesale and retail businesses equal to or greater than 50,000 gross quare feet; and WHEREAS, Section 76-2-306, Montana Code Annotated, provides for adoption of an interim zoning ordinance prohibiting any uses which may be in conflict with a contemplated zoning proposal which the legislative body is considering studying or intends to study; and WHEREAS, a use consisting of wholesale or retail sales of commodities, merchandise or other goods to the public, contained in or operated from a building equal to or greater than 50,000 square feet in gross floor area, is in conflict with the contemplated zoning proposals being studied. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana, that: Section 1 The zone code of the City of Bozeman is hereby amended as provided in the following sections of this ordinance. -. -- - - Section 2 That Subsection B of Section 18.12.020 of the Bozeman Municipal Code be amended so that such section shall read as follows: "18.12.020 Permitted uses. B. Conditional Uses. Agricultural uses on less than two and one half acres Churches Community residential facilities Day care centers Essential services (Type II) FCC earth stations Golf courses Group homes Veterinary uses Other recreational uses Schools ~~~~\":!["iJ~iil~"I.IJlf!t~'~t!'~f!i] planned unit development subject to the provisions of Chapter 18.54" Section 3 That Subsection B of Section 18.14.020 of the Bozeman Municipal Code be amended so that such section shall read as follows: "18.14.020 Permitted uses. B. Conditional Uses. Churches Community residential facilities Day care centers Golf courses Group homes Schools Temporary sales and office buildings Private st()rmw~t~rcontfQlf~cilitil3s.... ........................................... ................................... .... . ................................. ........... ........................................................... Any use......'~~edoJ...~ml6;f@G~'r&..i~r~~~I~~~1~ifdlli~I~~E~ttir~segm't.~~S~r()~ril~f \fiallfifty~fiQUsSl"lg~qg~tef~~tgf9$$fI9gear~~, approved as part of a planned unit development subject to the provisions of Chapter 18.54" Section 4 That Subsection B of Section 18.18.020 of the Bozeman Municipal Code be amended so that such section shall read as follows: -2- .. --. --...- -.------ ..- -.- .--... "18.18.020 Permitted uses. B. Conditional Uses. Bed and breakfast homes Churches Day care centers Golf courses Lodginghouses (bed and breakfasts) Schools r~~~~~ixli~i!;'~_!ti_iilcf!'!!'~"f~~~ plarmed unit development subject to the provisions of Chapter 18.54" Section 5 That Subsection B of Section 18.20.020 of the Bozeman Municipal Code be amended so that such section shall read as follows: "18.20.020 Permitted uses. B. Conditional Uses. Bed and breakfast homes Churches Day care centers Fraternity and sorority houses Golf courses Lodginghouses (bed and breakfasts) Schools r~~~~~I\illlllli~il_rillllli!!t~~'!!~! planned unit development subject to the provisions of Chapter 18.54" Section 6 That Subsection B of Section 18.26.020 of the Bozeman Municipal Code be amended so that such section shall read as follows: "18.26.020 Permitted uses. B. Conditional Uses. Apartment buildings and multi-family dwellings Bed and breakfast homes Churches Community residential facilities Day care centers Efficiency units Group homes Lodginghouses t~o~~~i~~\11111~lj~~II~:~i~I~'~11~1~1I~~~I'Tli~11 -3- --- _._~ .,.,',.. ",',',',',',',',',',""""",......,"" .,'"............,.,""'" ",',"""',.,.....,...., " "......""".... tli~rifift)'th9qS$hd$q9~r~fe~lgrq~$ft6()r~~~, approved as part of a planned unit development subject to the provisions of Chapter 18.54" Section 7 That Subsection B of Section 18.28.020 of the Bozeman Municipal Code be amended so that such section shall read as follows: "18.28.020 Permitted 'uses. B. Conditional Uses. Automobile service stations Churches Essential services (Typel!) Professional and business offices ~:~~~~~_ii~i'lltgit(il~itlillr,l'!~IW~g! of a planned unit development subject to the provisions of Chapter 18.54" Section 8 That Section 18.30.020 of the Bozeman Municipal Code be amended so that such section shall read as follows: "18.30.020 Permitted uses. ." .",.,',.,.,.",..""."""'" ',,',',',',"""'........'" ,..,...,..."".""" """"".",..... ,,""'.'.."""""',',',",'.........."." ,,',',','.........""'" "',',','....... A f=lrinc;ip~II.JSe$'^'hl$hgqn$i$f6fWhQI~Sal~<:>rt~j~iI$til~S()fC;()I"I")ITk)diti~$,mEn.ch~f1dise 8eHtH~l'g()od~~8jh~pY~li9~hallpf#Jimit~dt()~qiI4in9$6tI"l9teqLJ~ltQBtg6~st~rth~l"IftftYthqq~~flq :.:.:':.:.:':.:':.:.:.:.:.:',',,', ,',','>>>>:,','.,.........,""""" ,.""",.....'......... . . . . . . . . . . , . , , , , , , , "', ' , , , , . . . , . . . . . . . . . . . . $ql.larta..f~~til"l...gr6s~..ftQ9r.area.. 8' Permitted uses in the B-2 district are as follows: "*:1. Principal Uses. Ambulance service Antique shop and store Apparel and accessory store Art gallery Art supply stores Audio-visual equipment sales and rental Automobile parking lot or garage (public or private) Automobile or boat sales and/or rental service Auto supply store Bakery for on-site sales, less than four thousand square feet Banks and other financial institutions Barbershop Beauty paFlor Bicycle sales, service and repair shop Book and stationery store Bowling alleys Bus terminals Business and office machine sales, service and repair shop Candy and ice cream store -4- ------- ..,-- _.,__.__u_ Churches Cigar and tobacco store Clothing and costume sales and rental shop Community center or meeting hall Convenience food restaurant Convenience uses Custom dressmaking, furrier, millinery or tailor shop employing five persons or less Dancing or theatrical studio Delicatessen and catering establishment Department store Drugstores Dry goods and notion store Dry cleaning and laundry establishment, for drop off/pick up service Apartments located on the second or subsequent floors Essential services (Type I) Equipment sales and service Florist Frozen food storage and locker rental Furniture store Game rooms, poolhalls Garden supply store, indoor sales only Gift shop Grocery store (including retail markets and produce store) Hardware store, no exterior storage Health and exercise center Hobby and coin shop Hotel or motel Hunting and finishing supply store Interior decorator's shop Jewelry and metal craft store La'undromat, self-service Leather goods and luggage store Liquor store Lock and key shop Mail order catalog store Medical, dental or health clinic Medical and orthopedic appliance store Messenger or telegraph service station Mortuary Museum Music and instrument sales, service and repair shop Music or dance studio Newspaper office Newsstand NUffieryi~aM . Offices (as defined in this title) Office supply and office equipment store Optician Package liquor store, including drive-in Paint and wallpaper store Pawnshop Personal and convenience services Pet shop Pet grooming shop Photographic equipment and supply store Photographic studio Picture frame shop Private club, fraternity, sorority or lodge Public buildings -5- ------..- ---, - Radio or television sales, withlwithout service and repair Radio and television studio, without transmission towers Research laboratories Restaurants Secondhand stores Sewing machine store Shoe store Shoe repair and shoeshine shop Sporting and athletic goods store Tailor shop, less than five employees Theater, excluding drive-in theater Toy store Travel agency Upholstery shops (excluding on-site upholstery service for cars, boats, trailers, trucks, and other motorized vehicles requiring overnight storage) Variety store Wallpaper store Watch repair shop Wholesale establishments that use samples, but do not stock on premises &~... Conditional Uses. Amusement and recreational activities Automobile repair facilities Automobile service stations Automobile washing establishment, drive-through Automobile washing establishment, self-service Bar (tavern, cocktail lounge) Bowling alley Building materials sales Business, technical or vocational school Community residential facilities Convenience food store with gas pumps Day care center Essential services (Type II) Hospitals Mortuaries Recreational vehicle sales and/or rental Restaurants serving alcoholic beverages Retail uses in addition to those principle uses listed Tennis and racquet clubs Veterinary clinics Video arcades Wholesale distributors with on-premise retail outlets, providing warehousing is limited to commodities whiChC3rEtsOld qnthepremises..................... .... ... ................. ........... Any use, exc:e.[)t..c:C3.~.in9$...f:tbi1wH(jle$~I@.Qr.tE:tt~1I.sal~$.(jf..C:qmm(jgitie$...mli!rqh~Hdj$e ~~e~t"~fiff~iyt~hrues~ci~~~~a~II~Rg1~~~~I~a]i~~~~~~~:~~st~~~ ofaplanned unit develOpment subjec:ttcdhe provisions of Chapter 18.54 6:- 3. Accessory Uses. Fences Signs, as per Chapter 18.65 Refuse containers Other buildings and structures typically accessory to permitted uses Temporary buildings and yards incidental to construction work." -6- --- - --- --- .---- _n__ --....-- ____..._.u___ . ____.......n__._ Section 9 That Section 18.32.020 of the Bozeman Municipal Code be amended so that such section shall read as follows: "18.32.020 Permitted uses. A RriO~ipald$~sWhjgh$c>nSi$t8fwnPI~$al~8rrntiiilSal~$QfcO!'rtmQ~iU~$tm~rgp~rjdi$~ BHBtHf3tgdQd$tQthf3P~pIiG$H~116alimit~dtB6LJildirig$QfI"lQfeqU~FtQOrgr~~t~tth<lnJiftYthc)lJ$~l"Id . . . . . . . . . . . . . . . . . . . . ... '."""'. . . . . . . . . . . . . . . . . . . . . . . '.. squar~..f~~1..in...grpss.ftQQr.@r~a.. B. Permitted uses in the B-3 district are as follows: ""'- Principal Uses. Ambulance service Antique shop and store Apartments, except on ground floor in "core area" as described above Apparel and accessory store Appliance sales, services Art galleries Art supply stores Audio-visual equipment sales and rental Automobile parking lot or garage (public or private) Auto supply store Bakery for on-site sales, less than four thousand square feet Banks and other financial institutions Barbershop Beauty parlor Bicycle sales, service and repair shop Book and stationery store Business and office machine sales, service and repair shop Butcher shops (retail sales only) Candy and ice cream store Churches, except on the ground floor in "core area" as described above Cigar and tobacco store Clothing and costume sales and rental shop Community center or meeting hall Convenience food store Custom dressmaking, furrier, millinery or tailor shop employing five persons or less Dancing or theatrical studio Delicatessen and catering establishment Department store Dry goods and notion store Dry cleaning and laundry establishment, for drop off/pickup service Essential services (Type I) plus police and fire stations Florist Furniture store Game rooms, pool halls Gift shop Grocery store (including retail markets and produce store) Handicraft manufacturing, primarily for on-site retail sales Hardware store, no exterior storage Health and exercise center Hobby and coin shop Hotel or motel Hunting and fishing supply store -7- -- -- . ___n_ Interior decorator's shop Jewelry and metal craft store Laboratories, research and diagnostic, except on ground floor in core area as described above Laundromat, self~service Laundry, dry cleaning Leather goods and luggage store Libraries Liquor store Lock and key shop Mail order catalog store Medical, dental or health clinic, except on ground floor in core area as described above Medical and orthopedic appliance store Messenger or telegraph service station Museum Music and instrument sales, service and repair shop Music or dance studio Newspaper office Newsstand Offices, public or private, except on ground floor in core area as described above Optician Package liquor store, including drive-in Paint and wallpaper store Parking lots, except on ground floor in core area as described above Pawn shop Pet shop Pet grooming shop Pharmacies Photographic equipment and supply store Picture frame shop Printing offices and publishing establishments Private club, fraternity, sorority or lodge Private schools, such as dance, business, secretarial and technical, but not private or public preschool, elementary or secondary schools, and not on ground floor in core area as described above Public buildings Radio or television sales, with/without service and repair Radio and television studio, without transmission towers except on ground floor in core area as described above Repair services for clothes, dolls, small appliances, watches, glasses and such other items Restaurants Secondhand stores Sewing machine store Shoe store Shoe repair and shoeshine shop Sporting and athletic goods store Tailor shop, less than five employees Theater, excluding drive-in theater Toy store Travel agency Upholstery shops, excluding on-site upholstering services of cars, boats, trucks, and other heavy equipment Variety store Wallpaper store Watch repair shop Wholesale establishments that use samples, but do not stock on premises -8- .. ----- .-- ...-- ------- &2. Conditional Uses. Automobile body shops Automobile service stations Automobile upholstery shops Bakeries, other than as listed as principal uses in subsection A of this section Bar (tavern, cocktail lounge) Bowling alley Building materials sales Bus terminal Business, technical and vocation school Carwashes, hand operated Civic centers Convenience food restaurant Convenience food store with gas pumps Day care homes and centers Essential services (Type II) Hospitals Mortuaries Muffler sales and service shops Offices, on ground floor within the core area as described in Section 18.32.010(B) Restaurants serving alcoholic beverages Retail uses in addition to those principal uses listed in subsection A of this section Sign paint shops (not including neon sign fabrication) Video arcades .......,., .,.,......................,...........<,. ... ...,.,...............,.",..............".,...,........ ~nyuse,~~ of a planned unit development subject to the provisions of Chapter 18.54 G:- $. Accessory Uses. Signs, as per Chapter 18.65 Refuse containers Other buildings and structures typically accessory to permitted uses Temporary buildings and yards incidental to construction work." Section 10 That Section 18.34.020 ofthe Bozeman Municipal Code be amended so that such section shall read as follows: "18.34.020 Permitted uses. A. Rtinqipal.lJ$~~.which.2Qn$j$t.Of'^'hQI~~~Je.()rr~~~il..sal~$t;)f9()mmQqitie$,.m$r(;h~nai~e prQtfI$tgbC>d$tQtljepubIi8$RanbeJimit~dtobyJr8i6gs()fhQteClLJal19t')rgte~te(ttj~HfittyttJQY$~Ha .......,.,. "',",'".".,.,""",....... , ".,.,.."".""""""'" ............., "" .",""""',........," ".",.".""".""., $quar~..fe~t..irI9rdss.fI()or.@r~~.. B. Permitted uses in the M-1 district are as follows: k Principal Uses. Ambulance service Automobile, boat or recreational vehicle sales, service and/or rental Automobile parking lot or garage (public or private) Automobile repair facilities Bakery -9- -- -,. ., -- ---- Banks and other financial institutions Building contractor's office Building materials sales Business and office machine sales, service and repair shop Cabinet shops Churches Community center or meeting hall Convenience food restaurant Essential services (Type I) Health and exercise center Hotel or motel Manufacturing, light and completely indoors Medical, dental or health clinic Messenger or telegraph service station Newsstand Nursery, plant Offices Office supply and office equipment store Optician Public buildings Radio and television studio, without transmission towers Repair and service establishment for light consumer goods, such as appliances and furniture Research laboratories Restaurant Sign shops Trade schools Travel agency. TrLick, bus and rail terminal facilities Warehousing Warehousing, residential storage (mini-ware housing) &2' Conditional Uses. Automobile service stations Adult business, located no closer than five hundred feet from any other adult use, home, residential district, school, place of worship, public park or any youth-oriented establishment Amusement and recreational facilities Animal shelters Automobile washing establishment, drive through Automobile washing establishment, self-service Day care center Essential services (Type II) Flour and feed mills Food processing plants Grain elevators Machine shops Retail establishments other than principal uses listed in subsection A of this section Tennis and racquet clubs Truck repair facilities Truck stop Truck service station Truck washing establishment ~~e~~~~'iiif811i1llltf~'!rlllil~!I~'~'~~~'j planned unit development subject to the provisions of Chapter 18.54 - 10- -..----- .-.-.--- ------- - --. - .. G:- 3. Accessory Uses. Personnel service facilities providing services, education, recreation, entertainment, food and convenience goods primarily for those personnel employed in the principal use Business signs Outside storage if accessory to a principal use and if screened from the street and surrounding properties by solid fence or dense plantings at least six feet high Trash receptacles Other buildings and structures typically accessory to permitted uses Temporary buildings and yards incidental to construction Any residential use which is clearly incidental to the operation of a permitted - principal or conditional use, such as dormitories for the use of a scientific research center, caretaker and watchman, including residential use in connection with mini-warehousing for officelwatchman purposes." Section 12 That Subsection B of Section 18.36.020 of the Bozeman Municipal Code be amended so that such section shall read as follows: "18.36.020 Permitted uses. B. Conditional Uses. Automobile service station . Adult business (if located no closer than five hundred feet from any other adult business, home, residential district boundary, school, church, public park or any youth-oriented establishment) Amusement and recreational facilities Animal shelters Automobile washing establishment, drive through Automobile washing establishment, self-service Day care center Essential services (Type II) Garbage transfer station Junk salvage yards (if adequately screened) Production manufacturing and generation facilities (electric and gas) Residence for owner or caretaker of junk salvage yards Retail establishments other than principal uses listed in subsection A of this section Solid waste landfill - Truck repair facilities Truck stop Truck service station Truck washing establishment x~~e~~~2f{'1i~I'\I~rITiillll'II!!;lr~l! planned unit development subject to the provisions of Chapter 18.54" Section 12 That Subsection B of Section 18.38.020 of the Bozeman Municipal Code be amended so that such section shall read as follows: - 11 - .....-. -....-.--- ---_.~-- ---.. "18.38.020 Permitted uses. B. Conditiortal Uses. Banks and financial institutions Trade schools Day care centers Essential services (Type II) ~:'~s:~ill.iII5ti'&;.il;'~!!',~!'~!~1 planned unit development subject to the provisions of Chapter 18.54" Section 14 That Subsection B of Section 18.41.020 of the Bozeman Municipal Code be amended so that such section shall read as follows: "18.41.020 Permitted uses. B. Conditional Uses_ Churches Day care centers Essential services (Type II) Public buildings Golf courses Temporary sales and office buildings Private rec:reational...ve.l1icle...and. boat..$tQfiaQia...areas..for..l11ore..than...tWQ..vehicle$.............. Any use;;:i'.fi~1I~;llillti11~_~lm!~W'f~~! planned unit development subject to theprovisic)Os of Chapter 18.54" Section 15 Repealer. All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed. Section 16 Severability. If any provisions of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions of this ordinance which may be given effect without the invalid provision or application and, to this end, the provisions of this ordinance are declared to be severable. - 12 - . - -- ---.-- .-.--- ..------..- ...".. .... .-..-- _.___.n.... Section 17 Savings Provision. This ordinance does not affect the rights or duties that matured, penalties and assessments that were incurred or enforcement proceedings that were begun before the effective date of this ordinance. Notwithstanding the foregoing, this ordinance does not apply to projects that have received final Commission approval under Title 18 of the Bozeman Municipal Code or preliminary plat approval. . Section 18 Effective Date and Period. This ordinance shall be in full force and effect immediately upon adoption, and shall be effective for a period of not more than six months from the date of adoption hereof, unless otherwise extended in accordance with Montana law. PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 25th day of March 2002. ATTEST: STB1~~K~~ ()~J~ ROBIN L. SULLIVAN Clerk of the Commission APPROVI;BJAS TO FORM: ... /7 - 13 - -. -.-- ---